MEMBER DIARY

Ohio 2008

US Supreme Court sets the stage...

The Supreme Court, acting on the case after the Circuit Justice, Justice John Paul Stevens referred the matter to the full bench, not only granted the secretary of state’s plea to stay the federal judge’s temporary restraining order, but actually vacated it, thus removing any legal obligation spelled out in that order.

We express no opinion on the question whether HAVA is being properly implemented. Respondents, however, are not sufficiently likely to prevail on the question whether Congress has authorized the District Court to enforce Section 303 in an action brought by a private litigant to justify the issuance of a TRO. See Gonzaga Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v. Sandoval, 532 U. S. 275, 286 (2001). We therefore grant the application for a stay and vacate the TRO.

Given 200,000 fraudulent voter registrations readily identified, Sec. Brunner’s rabid partisanship and Acorn’s propensity to ignore voter registration law, Ohio is set to make Florida 2000 look like a walk in the park.